When the move-out date of a lease is getting near, the landlord and tenant should talk about whether they want to renew the lease. In Chicago, a landlord cannot ask the tenant to renew more than 90 days before the lease ends. Also, the landlord must let the tenant know 30 days before the lease ends if the landlord doesn't want to renew the lease. Otherwise, the tenant gets to stay another 60 days.In Urbana, the landlord must let the tenant know a month before the lease ends if they do not want to renew the lease. Otherwise, the tenant can stay another month.In Evanston, the landlord must give the tenant 30 days written notice if they do not want to renew the lease. Otherwise, the tenant can stay another 2 months.

Neither the tenant nor the landlord can change their mind and get out of the lease before it ends unless the other side agrees. The tenant must pay rent for the full lease term, even if they move out. The tenant might also be able to sublease the unit to someone else.

A tenant may break the lease for serious problems with the property that make a living there impossible. The tenant should consult with a lawyer before attempting to break the lease and moving early.

There is a rare exception for tenants in the armed services. They can end a lease if they receive a permanent change of station or a deployment order that will last at least 90 days.

Written leases usually do not auto-renew, so the tenant needs to move out by the end of the lease. If a tenant does not move at the end of the lease, the landlord has the right to evict the tenant.

If the landlord continues to accept the usual rent payment every month from the tenant, the landlord and tenant now have a lease that renews monthly. The same lease terms apply.

Tenants in a month-to-month lease who want to move should give at least 30 days written notice before their next rent payment is due. Rent payments due within 30 days of the notice still need to be paid in full, even if the tenant will not live in the apartment for the entire month.

Updated: February 2018

Comments

The last paragraph of this page says "Tenants in a month-to-month lease who want to move should give at least 30 days’ notice before their next rent payment is due. Rent payments due within 30 days of the notice still need to be paid in full, even if the tenant will not live in the apartment for the entire month." I have not been able to find the statute for this.

Hi Patrick,
The links Stephanie gave give some more information on month-to-month leases and how they work. Although there is no specific law that says that a person has to pay rent for a whole month in advance in a month-to-month lease whether or not they then live there, that is how those types of leases work in practice. Think of it this way: each month, the landlord and tenant in effect make another mini-lease. The landlord promises to let the tenant live there for another month, and the tenant pays rent to the landlord to be able to do that. This happens even if they don't say anything to each other. If you don't want to live there anymore, you have to give the landlord a month's notice so they can find another tenant. Otherwise, you would be able to move out on the last day of the month, and the landlord would have an empty apartment on the first day of the next month. This is why you have to pay for a whole month in advance, even if you decide to move out on the second day of the month. The best you can do is tell the landlord you want to stop the lease *next* month.

Asked union for help breaking lease due to pipes bursting during winter and place being uninhabitable. Moved out andweeks later landlord emailed demanding remaining rent for the lease term stating I left heat off and cause pipes to burst. What are my options as tenant? I paid one month rent, security deposit and last month rent before moving in and didn’t ask for them back before breaking lease.